ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2008

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ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT BILL 2008

Queensland Environmental Protection and Other Legislation Amendment Bill 2008

Queensland Environmental Protection and Other Legislation Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 2 Amendment of Environmental Protection Act 1994 2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 Amendment of s 520 (Dissatisfied person) . . . . . . . . . . . . . . . . . 6 4 Amendment of s 584 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 7 5 Replacement of ch 13, pt 2, div 6 hdg . . . . . . . . . . . . . . . . . . . . . 7 6 Relocation and renumbering of s 613 (Requirement to seek advice from MRA chief executive) . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Amendment of s 614 (Existing Act continues to apply for special agreement Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 8 Omission of s 616 (Reference to renumbered provision) . . . . . . . 8 9 Insertion of new ch 13, pt 2, div 7 and div 8 hdg . . . . . . . . . . . . . 8 Division 7 Provisions about special agreement Acts inserted under Environmental Protection and Other Legislation Amendment Act 2008 Subdivision 1 Preliminary 615 Definitions for div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 616 What is a condition under a special agreement Act . . 9 616A EPA provisions prevail . . . . . . . . . . . . . . . . . . . . . . . . 10 Subdivision 2 Conversion of SAA environmental authorities (mining) 616B Conversion to transitional authority (SAA) . . . . . . . . . 10 616C Conditions of transitional authority (SAA). . . . . . . . . . 11 616D Changing conditions of transitional authority (SAA) . . 11 Subdivision 3 Unfinished applications 616E Procedure for unfinished applications . . . . . . . . . . . . 12

Environmental Protection and Other Legislation Amendment Bill 2008 Contents Subdivision 4 Special provisions for transitional authorities (SAA) 616F Transitional authority (SAA) taken to be non-code compliant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 616G Limited application of s 426 for transitional authority (SAA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 616H Requirement to apply for new authority or amend etc. transitional authority (SAA). . . . . . . . . . . . . . . . . . . . . 15 616I Financial assurance for transitional authority (SAA). . 15 616J Effect of financial assurance on security . . . . . . . . . . 17 616K Plan of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 616L First anniversary day for transitional authority (SAA) . 18 616M End of transitional authority (SAA) . . . . . . . . . . . . . . . 18 Subdivision 5 Applications for new authorities 616N Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 19 616O Application of current Act to new authority application 19 616P No public notice or EIS requirement for particular new authority application . . . . . . . . . . . . . . . . . . . . . . 19 616Q Reference to State government agreement includes particular rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Subdivision 6 Amendment of transitional authorities (SAA) for conversion to new authorities 616R Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . 21 616S Application of current Act to amendment application . 21 616T No public notice or EIS requirement for particular amendment applications . . . . . . . . . . . . . . . . . . . . . . 21 616U Reference to State government agreement includes particular rights. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 616V Consolidation of conditions for same mining project . 22 Subdivision 7 Amendment of transitional authorities (SAA) other than by application 616W Additional grounds for amendment by administering authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 616X Ministerial power to amend . . . . . . . . . . . . . . . . . . . . 23 Subdivision 8 Provisions for chapter 4 activities 616Y Application of sdiv 8 . . . . . . . . . . . . . . . . . . . . . . . . . . 23 616Z Continuing effect of environmental authority as a registration certificate and development approval . . . 24 616ZA Additional ground for changing or cancelling development conditions . . . . . . . . . . . . . . . . . . . . . . . 25 Page 2

Environmental Protection and Other Legislation Amendment Bill 2008 Contents 616ZB End of environmental authority. . . . . . . . . . . . . . . . . . 26 616ZC Administering authority may issue replacement documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 10 Replacement of ch 13, pt 7, div 1 hdg . . . . . . . . . . . . . . . . . . . . . 27 11 Amendment of s 635 (Definitions for pt 7) . . . . . . . . . . . . . . . . . . 28 12 Amendment of ch 13, pt 7, divs 2 and 3 hdgs . . . . . . . . . . . . . . . 28 13 Amendment of s 636 (Application of div 2). . . . . . . . . . . . . . . . . . 28 14 Renumbering of ch 13, pt 7, div 4 . . . . . . . . . . . . . . . . . . . . . . . . 28 15 Amendment of s 641A (Definition for div 4) . . . . . . . . . . . . . . . . . 28 16 Amendment of sch 1 (Original decisions). . . . . . . . . . . . . . . . . . . 29 Part 3 Amendment of Integrated Planning Act 1997 17 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 18 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 29 Part 4 Amendment of Mineral Resources Act 1989 19 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 20 Amendment of s 382 (Definitions for pt 10A) . . . . . . . . . . . . . . . . 30 21 Amendment of s 735 (Existing Act continues to apply for special agreement Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 22 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 31 Page 3

2008 A Bill for An Act to amend the Environmental Protection Act 1994, and for related purposes

Environmental Protection and Other Legislation Amendment Bill 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Environmental Protection and 4 Other Legislation Amendment Act 2008. 5 Part 2 Amendment of Environmental 6 Protection Act 1994 7 Clause 2 Act amended in pt 2 8 This part amends the Environmental Protection Act 1994. 9 Clause 3 Amendment of s 520 (Dissatisfied person) 10 (1) Section 520(1)(s), `section 621'-- 11 omit, insert-- 12 `section 616ZC or 621'. 13 (2) Section 520(1)-- 14 insert-- 15 `(t) if the decision is to give a notice under section 623 that 16 the risk of environmental harm from carrying out a 17 chapter 4 activity under an environmental authority is no 18 longer insignificant--the registered operator to whom 19 the notice is given.'. 20 Page 6

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 4] Clause 4 Amendment of s 584 (Definitions for pt 2) 1 Section 584-- 2 insert-- 3 `amendment notice see section 606(2)(a).'. 4 Clause 5 Replacement of ch 13, pt 2, div 6 hdg 5 Chapter 13, part 2, division 6, heading-- 6 omit, insert-- 7 `Division 6 Original provisions about special 8 agreement Acts'. 9 Clause 6 Relocation and renumbering of s 613 (Requirement to 10 seek advice from MRA chief executive) 11 Section 613-- 12 relocate and renumber in chapter 13, part 2, division 8 as 13 inserted under this Act, as section 616ZD. 14 Clause 7 Amendment of s 614 (Existing Act continues to apply for 15 special agreement Acts) 16 (1) Section 614, heading, after `Acts'-- 17 insert-- 18 `until div 7 commences'. 19 (2) Section 614(2), definition special agreement Act-- 20 relocate to section 584. 21 (3) Section 614(2), as amended-- 22 omit, insert-- 23 `(2) Subsection (1) ceases to apply when division 7 commences. 24 `(3) Subsection (2) does not limit section 616D.'. 25 Page 7

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 8] Clause 8 Omission of s 616 (Reference to renumbered provision) 1 Section 616-- 2 omit. 3 Clause 9 Insertion of new ch 13, pt 2, div 7 and div 8 hdg 4 Chapter 13, part 2-- 5 insert-- 6 `Division 7 Provisions about special agreement 7 Acts inserted under Environmental 8 Protection and Other Legislation 9 Amendment Act 2008 10 `Subdivision 1 Preliminary 11 `615 Definitions for div 7 12 `In this division-- 13 commencement means the commencement of this section. 14 condition, under a special agreement Act, see section 616. 15 current Act means this Act as in force from time to time. 16 new authority application see section 616N. 17 pre-amended MRA means the Mineral Resources Act-- 18 (a) as it was in force immediately before 1 January 2001; 19 and 20 (b) as it has applied under section 735 of that Act. 21 relevant transitional authority see section 616N. 22 SAA environmental authority (mining) means an 23 environmental authority for an SAA mining activity under the 24 existing Act as it has applied under section 614(1). 25 Page 8

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] SAA mining activity means a mining activity provided for 1 under a special agreement Act, or to which a special 2 agreement Act applies. 3 transitional authority (SAA) see section 616B(3). 4 `616 What is a condition under a special agreement Act 5 `(1) For this division, a condition under a special agreement Act 6 means any of the following-- 7 (a) a condition of a mining lease or special lease provided 8 for under the special agreement Act and determined, 9 imposed or prescribed under the pre-amended MRA or 10 the repealed Land Act 1962; 11 Note-- 12 For special leases, see the Land Act 1994, section 476 (Existing 13 leases continue). 14 (b) a condition of, or stated in, a mining lease, special lease 15 or agreement provided for under the special agreement 16 Act; 17 (c) a requirement under, or stated in, the most recent 18 version of the following planning documents for a 19 mining lease or special lease provided for under the 20 special agreement Act-- 21 (i) for a mining lease provided for under the Mount 22 Isa Mines Limited Agreement Act 1985--the 23 relevant provisions of a mining plan approved 24 under part 2 of the agreement defined under that 25 Act relating to the lease; 26 (ii) for a lease mentioned in this subsection, other than 27 a lease mentioned in subparagraph (i), each of the 28 following-- 29 (A) an environmental management overview 30 strategy, however called, for the lease; 31 (B) a plan of operations for the lease under part 7 32 of the pre-amended MRA or, if there is no 33 Page 9

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] plan of operations in force for the lease 1 immediately before the commencement, the 2 most recently expired plan of operations for 3 the lease under part 7 of the pre-amended 4 MRA. 5 `(2) For deciding, under subsection (1)(c), the most recent version 6 of a planning document mentioned in subsection (1)(c)(ii), 7 section 585(2) and (3) applies as if-- 8 (a) a reference to the Mineral Resources Act were a 9 reference to the pre-amended MRA; and 10 (b) a reference to the MRA department were a reference to 11 the department through which the pre-amended MRA 12 was administered. 13 `(3) In this section-- 14 requirement includes a commitment, obligation or 15 undertaking. 16 `616A EPA provisions prevail 17 `(1) Subsection (2) applies if there is an inconsistency between-- 18 (a) a provision of the current Act (an EPA provision); and 19 (b) a provision of a special agreement Act. 20 `(2) To remove any doubt, it is declared that the EPA provision 21 prevails to the extent of the inconsistency. 22 `Subdivision 2 Conversion of SAA environmental 23 authorities (mining) 24 `616B Conversion to transitional authority (SAA) 25 `(1) This section applies to an SAA environmental authority 26 (mining) that was in force immediately before the 27 commencement. 28 Page 10

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `(2) On the commencement, the SAA environmental authority 1 (mining) is taken to be an environmental authority (mining 2 lease). 3 `(3) An SAA environmental authority (mining) that is taken to be 4 an environmental authority (mining lease) under subsection 5 (2) is a transitional authority (SAA). 6 `(4) Chapter 5 and section 316 apply to a transitional authority 7 (SAA), subject to subdivisions 4 to 7. 8 `616C Conditions of transitional authority (SAA) 9 `The conditions of a transitional authority (SAA) for an SAA 10 mining activity are all of the following-- 11 (a) the conditions of the authority immediately before the 12 commencement; 13 (b) each condition under the special agreement Act that, had 14 an environmental authority (mining activities) been 15 granted for the SAA mining activity on the 16 commencement, would reasonably be expected to have 17 been a condition of the environmental authority (mining 18 activities), having regard to the conditions that-- 19 (i) under section 210, may or must be included in a 20 draft environmental authority; or 21 (ii) under section 305, may be imposed on an 22 environmental authority (mining activities); 23 (c) the condition about financial assurance imposed under 24 section 616I. 25 `616D Changing conditions of transitional authority (SAA) 26 `(1) Subsection (2) applies for changing a condition of a 27 transitional authority (SAA). 28 `(2) Subject to subsection (3), the special agreement Act to which 29 the transitional authority (SAA) relates and the existing Act 30 continue to apply for changing the condition of the authority 31 Page 11

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] as if the amending Act, other than for the insertion of section 1 584, had not been enacted. 2 Note-- 3 See also the Mineral Resources Act, section 735(3) and (4). 4 `(3) Subsection (2)-- 5 (a) does not apply for making or deciding an application 6 under section 616H(b) to amend the authority; and 7 (b) does not limit subdivision 6; and 8 (c) stops applying if the authority is amended under 9 subdivision 6 and the amended authority has taken 10 effect under the current Act. 11 `Subdivision 3 Unfinished applications 12 `616E Procedure for unfinished applications 13 `(1) This section applies if-- 14 (a) before the commencement, a person applied under the 15 existing Act for, or in relation to, an SAA environmental 16 authority (mining) for a mining lease provided for under 17 a special agreement Act; and 18 (b) the application has not been decided. 19 `(2) Subject to subsections (3) to (7)-- 20 (a) the application is taken to have been made on the 21 commencement; and 22 (b) chapter 5 applies to the application, with necessary 23 changes, as if it were a non-code compliant application 24 for a level 1 mining project. 25 `(3) If the application was accompanied by an environmental 26 management overview strategy under the pre-amended MRA, 27 section 245, the strategy is taken to be an environmental 28 management plan submitted by the applicant under section 29 201. 30 Page 12

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `(4) If a certificate of application for the mining lease was 1 endorsed by the mining registrar under the pre-amended 2 MRA, section 252, the person is taken to have given and 3 published an application notice under section 211 for the 4 application. 5 `(5) If the person gave an environmental impact statement under 6 the pre-amended MRA, section 264, the EIS process is taken 7 to have been completed under section 60. 8 `(6) If an objection was lodged with the mining registrar under the 9 pre-amended MRA, section 260, and not heard by the tribunal 10 under that Act, the objection is taken to be a properly made 11 objection under section 217. 12 `(7) If the tribunal made a recommendation under section 269 of 13 the pre-amended MRA relating to an environmental matter, an 14 objections decision on the same terms as the recommendation 15 is taken to have been made under section 222. 16 Editor's notes-- 17 1 Pre-amended MRA, sections 252 (Certificate of application etc.), 18 245 (Application for grant of mining lease), 260 (Objection to 19 application for grant of mining lease), 264 (What happens after 20 environmental impact statement is prepared?) and 269 (Tribunal's 21 recommendation on hearing) 22 2 Sections 60 (When process is completed), 201 (Environmental 23 management plan required), 211 (Public notice of application), 217 24 (Acceptance of objections) and 222 (Nature of objections decision) 25 of the Act 26 `Subdivision 4 Special provisions for transitional 27 authorities (SAA) 28 `616F Transitional authority (SAA) taken to be non-code 29 compliant 30 `A transitional authority (SAA) is taken to be a non-code 31 compliant authority under chapter 5, issued for mining 32 activities for a level 1 mining project. 33 Page 13

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `616G Limited application of s 426 for transitional authority 1 (SAA) 2 `(1) Section 426 does not apply to a person carrying out an SAA 3 mining activity that is not authorised under a transitional 4 authority (SAA) if-- 5 (a) the person was carrying out the activity immediately 6 before the commencement; and 7 (b) either-- 8 (i) the holder of the authority has made a relevant 9 amendment application or a relevant new 10 application about the activity under the authority 11 and the application has not been decided; or 12 (ii) the holder of the authority has given the 13 administering authority notice of the activity (an 14 activity notice) and no more than 30 days have 15 passed since the notice was given. 16 `(2) However, an activity notice can not be given if an activity 17 notice has already been given for the activity or another 18 activity that is substantially the same as the activity. 19 `(3) An activity notice must state-- 20 (a) the mining lease or agreement under which the activity 21 is being carried out; and 22 (b) the nature of the activity; and 23 (c) that the activity is not authorised under the conditions of 24 the authority. 25 `(4) To remove any doubt, it is declared that this section does not 26 limit the application of sections 430 and 431 to the holder of 27 the authority. 28 `(5) In this section-- 29 relevant amendment application, about an SAA mining 30 activity under a transitional authority (SAA), means an 31 application to amend the authority that, if granted, would 32 allow the carrying out of the activity under the transitional 33 authority (SAA). 34 Page 14

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] relevant new application, about an SAA mining activity 1 under a transitional authority (SAA), means an application 2 under the current Act for an environmental authority (mining 3 activities) for a level 1 mining project, that, if granted, would 4 allow the carrying out of the activity under the environmental 5 authority (mining activities). 6 `616H Requirement to apply for new authority or amend etc. 7 transitional authority (SAA) 8 `The holder of a transitional authority (SAA) must, within 3 9 years after the commencement, apply under the current Act 10 for-- 11 (a) an environmental authority (mining activities) for a level 12 1 mining project; or 13 (b) an amendment of the transitional authority (SAA) for 14 converting it to an environmental authority (mining 15 activities) for a level 1 mining project; or 16 (c) the transfer or surrender of the transitional authority 17 (SAA). 18 Note-- 19 If this section is not complied with, the transitional authority (SAA) 20 ends. See section 616M. 21 `616I Financial assurance for transitional authority (SAA) 22 `(1) This section applies if, under the Mineral Resources Act or a 23 special agreement Act, security has been deposited, lodged or 24 required in relation to a relevant mining lease for a transitional 25 authority (SAA). 26 `(2) A condition is taken to have been imposed, under section 364, 27 on the authority that the authority holder must give the 28 administering authority financial assurance for each relevant 29 mining lease. 30 `(3) If the security has been deposited under the Mineral 31 Resources Act or a special agreement Act for a relevant 32 mining lease, the requirement under the condition to give the 33 Page 15

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] financial assurance is taken to have been complied with for 1 the lease-- 2 (a) from the time the whole amount of the security has been 3 deposited; and 4 (b) until the plan of operations for the lease is amended or 5 replaced under section 235. 6 `(4) The financial assurance required under the condition is taken 7 to be security for the matters mentioned in section 364(1)(a) 8 and (b) in relation to the authority. 9 `(5) Subsection (4) applies despite the Mineral Resources Act or 10 the terms of an instrument granting the security or other 11 document, including, for example, a term that the security or 12 its benefit is not transferable. 13 `(6) The form of each security given or required to be given for a 14 relevant mining lease is taken to be the form of the financial 15 assurance for the lease decided under section 364(3). 16 `(7) However, the financial assurance for the relevant mining lease 17 is taken to have been given for valuable consideration and any 18 instrument granting it is taken to have been executed as a deed 19 under seal by each party to the instrument. 20 `(8) The amount of financial assurance for each relevant mining 21 lease is taken to have been decided under section 364(3) as the 22 lesser of the following-- 23 (a) the amount of security given or required for each 24 relevant mining lease; 25 (b) any amount the administering authority decides would 26 have been the amount under section 364(3) for the 27 financial assurance had the amount been decided on the 28 commencement. 29 `(9) Section 365 and chapter 11, part 3 do not apply to financial 30 assurance under this section or to a decision under subsection 31 (8)(b). 32 Page 16

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `616J Effect of financial assurance on security 1 `(1) The financial assurance condition under section 616I only 2 affects a security to the extent provided under that section. 3 `(2) Without limiting subsection (1), section 616I does not affect 4 or change-- 5 (a) the security as a security under the Mineral Resources 6 Act or a special agreement Act; or 7 (b) the matters for which the security was given under the 8 Mineral Resources Act or special agreement Act; or 9 (c) the enforcement of the security under the Mineral 10 Resources Act or special agreement Act. 11 `(3) Section 616I, or any thing done under it, does not-- 12 (a) discharge a security; or 13 (b) discharge or release a surety or other obligee, wholly or 14 partly, from an obligation; or 15 (c) fulfil a condition allowing a person to terminate an 16 instrument or be released, wholly or partly, from an 17 obligation or modify the operation or effect of an 18 instrument or obligation. 19 `(4) If the advice or consent of, or giving notice to, a person would 20 be necessary to give effect to the giving of the financial 21 assurance-- 22 (a) the advice is taken to have been obtained; and 23 (b) the consent or notice is taken to have been given. 24 `616K Plan of operations 25 `(1) This section applies if a plan of operations for a relevant 26 mining lease for a transitional authority (SAA) was in force 27 under the Mineral Resources Act immediately before the 28 commencement. 29 `(2) The plan of operations-- 30 Page 17

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (a) is taken to be the plan of operations for the authority 1 submitted under section 233; and 2 (b) continues in force only until the earlier of the 3 following-- 4 (i) the end of the period, stated in the plan, to which 5 the plan applies; 6 (ii) the plan is replaced under section 235. 7 `(3) Section 540(1)(e)(vi) does not apply to a plan of operations 8 that, under this section, is taken to be the plan of operations 9 for a transitional authority (SAA). 10 `(4) For this section, the relevant provisions of a mining plan 11 approved under part 2 of the agreement defined under the 12 Mount Isa Mines Limited Agreement Act 1985 are taken to be 13 a plan of operations for each mining lease to which they 14 relate. 15 `616L First anniversary day for transitional authority (SAA) 16 `The first anniversary day for a transitional authority (SAA) 17 is-- 18 (a) if the SAA environmental authority (mining) forming 19 the basis for the transitional authority (SAA) was a 20 licence under the existing Act--the next occurring 21 anniversary of the anniversary day of the authority under 22 the existing Act; or 23 (b) otherwise--1 year after the commencement. 24 `616M End of transitional authority (SAA) 25 `(1) A transitional authority (SAA) ends if-- 26 (a) the holder of the authority does not comply with section 27 616H; or 28 (b) the authority is amended under subdivision 6 and the 29 amended authority has taken effect under the current 30 Act; or 31 Page 18

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (c) the authority is transferred under chapter 5, part 9 and 1 the transfer has taken effect under the current Act; or 2 (d) the surrender of the authority is approved under the 3 current Act; or 4 (e) an environmental authority (mining activities) for the 5 SAA mining activity the subject of the transitional 6 authority (SAA) is issued and has taken effect under the 7 current Act. 8 `(2) To remove any doubt, it is declared that subsection (1) does 9 not limit chapter 5, part 12. 10 `Subdivision 5 Applications for new authorities 11 `616N Application of sdiv 5 12 `This subdivision applies if the holder of a transitional 13 authority (SAA) (the relevant transitional authority) makes 14 an application under section 616H(a) (the new authority 15 application) for an environmental authority (mining 16 activities) for a level 1 mining project of which the SAA 17 mining activity the subject of the relevant transitional 18 authority is a part. 19 `616O Application of current Act to new authority application 20 `Chapter 5, parts 2 and 6 apply to the making and deciding of 21 the new authority application, subject to sections 616P and 22 616Q. 23 `616P No public notice or EIS requirement for particular 24 new authority application 25 `(1) This section applies for processing the new authority 26 application if each mining activity that forms the mining 27 project to which the application relates is authorised under the 28 conditions of the relevant transitional authority. 29 Page 19

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `(2) Sections 211 to 215, 216(1)(a), 217(1)(c), 219(4)(c) and 1 219(5)(a) do not apply for the application. 2 `(3) For applying sections 216(1), 217(1)(b) and 218(1) a 3 reference to an entity, each entity or the entity is taken to be a 4 reference to the applicant. 5 `(4) For applying section 219(5)(b), the reference to each objector 6 is taken to be a reference to the applicant. 7 `(5) The objection period for the application starts on the day the 8 administering authority gives the applicant a draft 9 environmental authority and ends 20 business days after that 10 day. 11 `(6) Subsections (7) and (8) apply for processing the application 12 if-- 13 (a) no part of the application relates to a wild river area; and 14 (b) an EIS is not required for the application under section 15 162(3A). 16 `(7) The administering authority is taken to have decided under 17 section 162(1) that no EIS is required for the application. 18 `(8) Section 163 does not apply for the application. 19 `616Q Reference to State government agreement includes 20 particular rights 21 `(1) This section applies to the administering authority for 22 considering the standard criteria in making a decision under 23 section 207 to refuse the new authority application or allow it 24 to proceed. 25 `(2) The reference to a state government agreement in schedule 3, 26 definition standard criteria, paragraph (c) includes a 27 reference to-- 28 (a) an agreement under, or mentioned in, a special 29 agreement Act; and 30 (b) the rights granted under an agreement mentioned in 31 paragraph (a). 32 Page 20

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `Subdivision 6 Amendment of transitional 1 authorities (SAA) for conversion to 2 new authorities 3 `616R Application of sdiv 6 4 `This subdivision applies if an application is made under 5 section 616H(b) to amend a transitional authority (SAA) for 6 converting it to an environmental authority (mining activities) 7 for a level 1 mining project. 8 `616S Application of current Act to amendment application 9 `Chapter 5, part 8 applies to the making and deciding of the 10 amendment application for the transitional authority (SAA), 11 subject to sections 616T and 616U. 12 `616T No public notice or EIS requirement for particular 13 amendment applications 14 `(1) This section applies for processing the amendment application 15 for the transitional authority (SAA) if each mining activity to 16 which the application relates is authorised under the 17 conditions of the authority. 18 `(2) Chapter 5, part 6, division 6, and section 254 do not apply for 19 the application. 20 `(3) Subsection (4) applies if the assessment level decision for the 21 application under section 246(1)(a) or 247(3) is that the level 22 of environmental harm is likely to be significantly increased. 23 `(4) The EIS decision for the application is taken to be that an EIS 24 is not required for the proposed amendment. 25 `616U Reference to State government agreement includes 26 particular rights 27 `(1) This section applies to the administering authority for 28 considering the standard criteria in making a decision under 29 Page 21

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] section 257 to grant or refuse the amendment application for 1 the transitional authority (SAA). 2 `(2) The reference to a state government agreement in schedule 3, 3 definition standard criteria, paragraph (c) includes a 4 reference to-- 5 (a) an agreement under, or mentioned in, a special 6 agreement Act; and 7 (b) the rights granted under an agreement mentioned in 8 paragraph (a). 9 `616V Consolidation of conditions for same mining project 10 `Section 607 applies for consolidating conditions for the same 11 mining project as if-- 12 (a) a reference to a transitional authority were a reference to 13 a transitional authority (SAA); and 14 (b) the reference to section 605 were a reference to section 15 616W. 16 `Subdivision 7 Amendment of transitional 17 authorities (SAA) other than by 18 application 19 `616W Additional grounds for amendment by administering 20 authority 21 `For applying section 292 for a transitional authority (SAA), 22 the following grounds apply, as well as the grounds under 23 section 292(2)-- 24 (a) the administering authority can not, by applying section 25 616C, work out the conditions of the authority; 26 (b) a condition of the authority under section 616C creates a 27 right or imposes an obligation that the administering 28 authority considers is uncertain or not reasonably 29 enforceable; 30 Page 22

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (c) the holder of the authority submits or amends a plan of 1 operations for the authority; 2 (d) the amendment of the transitional authority (SAA) is 3 necessary to prevent environmental harm not already 4 authorised under the authority. 5 `616X Ministerial power to amend 6 `(1) The Minister may amend a transitional authority (SAA) if the 7 Minister-- 8 (a) gives the authority holder an amendment notice 9 proposing the amendment; and 10 (b) considers the written representations, if any, made by 11 the holder within the stated period in the notice. 12 `(2) If the Minister decides to amend the authority under 13 subsection (1), the administering authority must, within 10 14 business days after the decision-- 15 (a) make the amendment proposed in the notice; and 16 (b) give the authority holder a copy of the amended 17 authority; and 18 (c) record particulars of the amendment in the appropriate 19 register. 20 `(3) If the Minister gives an amendment notice under subsection 21 (1) and decides not to make the amendment proposed in the 22 notice, the administering authority must, within 10 business 23 days after the decision is made, give the holder a written 24 notice of the decision. 25 `Subdivision 8 Provisions for chapter 4 activities 26 `616Y Application of sdiv 8 27 `(1) This subdivision applies if-- 28 Page 23

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (a) immediately before the commencement, an 1 environmental authority was in force under the existing 2 Act as it applied under section 614(1); and 3 (b) the authority is for a chapter 4 activity to which a special 4 agreement Act applies. 5 `(2) Subsection (3) applies to an activity that-- 6 (a) is carried out under a sublease of a mining lease; and 7 (b) would be a chapter 4 activity if it were not carried out 8 under a sublease of a mining lease. 9 `(3) To remove any doubt, it is declared that the activity is a 10 chapter 4 activity. 11 `616Z Continuing effect of environmental authority as a 12 registration certificate and development approval 13 `(1) From the commencement-- 14 (a) the environmental authority has effect as if it were a 15 registration certificate for the activity; and 16 (b) the environmental authority has effect as if the holder of 17 the authority were the registered operator for the 18 activity; and 19 (c) the environmental authority has effect as if it were-- 20 (i) if the activity would, after the commencement, be a 21 mobile and temporary activity--a development 22 approval for a material change of use under the 23 Integrated Planning Act, schedule 8, part 1, table 5, 24 item 3; or 25 (ii) in any other case--a development approval for a 26 material change of use under the Integrated 27 Planning Act, schedule 8, part 1, table 2, item 1; 28 and 29 (d) any condition of the environmental authority has effect 30 as if it were a development condition of the development 31 approval. 32 Page 24

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] `(2) The conditions of the environmental authority are taken to 1 include any condition that the administering authority is, 2 under section 73B(2), required to impose under a regulatory 3 requirement had it been deciding a development application 4 for the chapter 4 activity at the commencement. 5 `(3) This section stops applying if the environmental authority 6 ends under section 616ZB. 7 `616ZA Additional ground for changing or cancelling 8 development conditions 9 `(1) The administering authority may change or cancel a condition 10 of the environmental authority if-- 11 (a) the change or cancellation is necessary because the 12 condition is no longer appropriate as a development 13 condition of a development approval for the activity; or 14 (b) the condition needs to be changed or cancelled so that 15 the administering authority, in applying section 616Z, 16 can accurately and reliably identify the conditions of the 17 development approval; or 18 (c) the conditions are otherwise unclear, uncertain or 19 contradictory. 20 `(2) However, the administering authority must not act under 21 subsection (1) if the change or cancellation adversely affects 22 the interests of the registered operator for the activity. 23 `(3) If the condition is changed it must in substance reflect the 24 intent of the condition as included in the environmental 25 authority as it existed before the commencement. 26 `(4) If the administering authority changes or cancels a condition, 27 it must within 10 business days-- 28 (a) record the particulars of the change or cancellation in 29 the appropriate register; and 30 (b) give the registered operator-- 31 (i) a copy of the development conditions as applying 32 after the change or cancellation; and 33 Page 25

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 9] (ii) a registration certificate. 1 `(5) In this section-- 2 condition, of the environmental authority, does not include 3 any condition taken to be included under section 616Z(2). 4 `616ZB End of environmental authority 5 `An environmental authority for a chapter 4 activity under this 6 subdivision ends if any of the following happens-- 7 (a) the person carrying out the activity changes; 8 (b) there is a material change of use of premises for the 9 activity, as defined under the Integrated Planning Act, 10 section 1.3.5, definition material change of use, 11 paragraph (a) or (b); 12 (c) if the activity is carried out under a sublease of a mining 13 lease--the sublease expires or is cancelled or 14 surrendered; 15 (d) a development approval for the activity takes effect. 16 `616ZC Administering authority may issue replacement 17 documents 18 `(1) The administering authority may give to the person carrying 19 out the chapter 4 activity-- 20 (a) if the activity was carried out at 1 location--a 21 development approval for the location; or 22 (b) if the activity was carried out at more than 1 location 23 and is not a mobile and temporary environmentally 24 relevant activity--a development approval for each 25 location; or 26 (c) if the activity is a mobile and temporary 27 environmentally relevant activity--a development 28 approval for a mobile and temporary environmentally 29 relevant activity. 30 Page 26

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 10] `(2) If the person carrying out the activity does not have a 1 registration certificate for the activity, the administering 2 authority may also give the person a registration certificate for 3 the activity. 4 `(3) The development approval must contain the same details 5 about the activity and conditions for carrying out the activity 6 as were contained in the authority or included in it under 7 section 616Z(2). 8 `(4) If the administering authority acts under subsection (1) or 9 subsections (1) and (2), the administering authority must give 10 the person carrying out the activity an information notice 11 about the administering authority's decision to give the 12 approval or approval and certificate. 13 `(5) The approval or approval and certificate have effect and the 14 environmental authority ends-- 15 (a) if there is no appeal against the administering 16 authority's decision under subsection (4)--from the day 17 after the appeal period expires; or 18 (b) if there is an appeal against the administering authority's 19 decision under subsection (4)--from the day after the 20 appeal is finally decided or is otherwise ended. 21 `Division 8 Miscellaneous provision'. 22 Clause 10 Replacement of ch 13, pt 7, div 1 hdg 23 Chapter 13, part 7, division 1, heading-- 24 omit, insert-- 25 `Division 1 Original provisions 26 `Subdivision 1 Preliminary'. 27 Page 27

Environmental Protection and Other Legislation Amendment Bill 2008 Part 2 Amendment of Environmental Protection Act 1994 [s 11] Clause 11 Amendment of s 635 (Definitions for pt 7) 1 (1) Section 635, heading, `pt 7'-- 2 omit, insert-- 3 `div 1'. 4 (2) Section 635, `In this part'-- 5 omit, insert-- 6 `In this division'. 7 Clause 12 Amendment of ch 13, pt 7, divs 2 and 3 hdgs 8 Chapter 13, part 7, divisions 2 and 3, headings, `Division'-- 9 omit, insert-- 10 `Subdivision'. 11 Clause 13 Amendment of s 636 (Application of div 2) 12 (1) Section 636, heading, `div 2'-- 13 omit, insert-- 14 `sdiv 2'. 15 (2) Section 636, `division'-- 16 omit, insert-- 17 `subdivision'. 18 Clause 14 Renumbering of ch 13, pt 7, div 4 19 Chapter 13, part 7, division 4-- 20 renumber as chapter 13, part 7, division 2. 21 Clause 15 Amendment of s 641A (Definition for div 4) 22 Section 641A, heading, `div 4'-- 23 Page 28

Environmental Protection and Other Legislation Amendment Bill 2008 Part 3 Amendment of Integrated Planning Act 1997 [s 16] omit, insert-- 1 `div 2'. 2 Clause 16 Amendment of sch 1 (Original decisions) 3 Schedule 1, part 2, division 8, `621(4)'-- 4 omit, insert-- 5 `616ZC(4) or 621(4)'. 6 Part 3 Amendment of Integrated 7 Planning Act 1997 8 Clause 17 Act amended in pt 3 9 This part amends the Integrated Planning Act 1997. 10 Clause 18 Amendment of sch 10 (Dictionary) 11 (1) Schedule 10, definitions mining activity and special 12 agreement Act-- 13 omit. 14 (2) Schedule 10-- 15 insert-- 16 `mining activity see the Environmental Protection Act 1994, 17 section 147.'. 18 Page 29

Environmental Protection and Other Legislation Amendment Bill 2008 Part 4 Amendment of Mineral Resources Act 1989 [s 19] Part 4 Amendment of Mineral 1 Resources Act 1989 2 Clause 19 Act amended in pt 4 3 This part amends the Mineral Resources Act 1989. 4 Clause 20 Amendment of s 382 (Definitions for pt 10A) 5 Section 382, definition special agreement Act-- 6 omit. 7 Clause 21 Amendment of s 735 (Existing Act continues to apply for 8 special agreement Acts) 9 (1) Section 735, heading, after `Acts'-- 10 insert-- 11 `until Environmental Protection Act, ch 13, pt 2, div 7 12 commences'. 13 (2) Section 735(2), definition special agreement Act-- 14 omit. 15 (3) Section 735(2)-- 16 renumber as section 735(5). 17 (4) Section 735-- 18 insert-- 19 `(2) Subject to subsection (3), subsection (1) ceases to apply when 20 the Environmental Protection Act, chapter 13, part 2, division 21 7 commences. 22 `(3) The existing Act continues to apply for changing a condition 23 of a transitional authority (SAA) as if the amending Act had 24 not been enacted. 25 Page 30

Environmental Protection and Other Legislation Amendment Bill 2008 Part 4 Amendment of Mineral Resources Act 1989 [s 22] Note-- 1 See also the Environmental Protection Act, section 616D (Changing 2 conditions of transitional authority (SAA)). 3 `(4) However, subsection (3)-- 4 (a) does not apply for making or deciding an application 5 under the Environmental Protection Act, section 6 616H(b) to amend the authority; and 7 (b) does not limit chapter 13, part 2, division 7, subdivision 8 6 of that Act; and 9 (c) stops applying if the authority is amended under chapter 10 13, part 2, division 7, subdivision 6 of that Act and the 11 amended authority has taken effect under that Act. 12 Editor's notes-- 13 � Environmental Protection Act, chapter 13 (Savings, transitional and 14 related provisions), part 2 (Transitional provisions for 15 Environmental Protection and Other Legislation Amendment Act 16 2000), division 7 (Provisions about special agreement Acts inserted 17 under Environmental Protection and Other Legislation Amendment 18 Act 2008), subdivision 6 (Amendment of transitional authorities 19 (SAA) for conversion to new authorities) 20 � Environmental Protection Act, section 616H (Requirement to apply 21 for new authority or amend etc. transitional authority (SAA))'. 22 (5) Section 735(5) as renumbered-- 23 insert-- 24 `transitional authority (SAA) see the Environmental 25 Protection Act, section 615.'. 26 Clause 22 Amendment of schedule (Dictionary) 27 Schedule, definition special agreement Act-- 28 omit, insert-- 29 `special agreement Act means any of the following Acts and 30 any agreement or lease under or mentioned in the Acts-- 31 (a) Alcan Queensland Pty. Limited Agreement Act 1965; 32 Page 31

Environmental Protection and Other Legislation Amendment Bill 2008 Part 4 Amendment of Mineral Resources Act 1989 [s 22] (b) Central Queensland Coal Associates Agreement Act 1 1968; 2 (c) Central Queensland Coal Associates Agreement and 3 Queensland Coal Trust Act 1984; 4 (d) Central Queensland Coal Associates Agreement 5 (Amendment) Act 1986; 6 (e) Central Queensland Coal Associates Agreement 7 Amendment Act 1989; 8 (f) Commonwealth Aluminium Corporation Pty. Limited 9 Agreement Act 1957; 10 (g) Greenvale Agreement Act Amendment Act 1974; 11 (h) Greenvale Agreement Act Amendment Act 1975; 12 (i) Mount Isa Mines Limited Agreement Act 1985; 13 (j) Queensland Cement & Lime Company Limited 14 Agreement Act 1977; 15 (k) Queensland Nickel Agreement Act 1970; 16 (l) Queensland Nickel Agreement Act 1988; 17 (m) Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; 18 (n) Thiess Peabody Mitsui Coal Pty. Ltd. Agreements Act 19 1965.'. 20 � State of Queensland 2008 Page 32

AMENDMENTS TO BILL

Environmental Protection and Other Legislation Amendment Bill 2008 Environmental Protection and Other Legislation Amendment Bill 2008 Amendments agreed to during Consideration 1 Clause 7 (Amendment of s 614 (Existing Act continues to apply for special agreement Acts))-- At page 7, line 25, after `616D'-- insert-- `or 616K(2B)'. 2 Clause 9 (Insertion of new ch 13, pt 2, div 7 and div 8 hdg)-- At page 18, after line 7-- insert-- ` `(2A) Subsection (2)(a) is subject to subsection (2B) and the Mineral Resources Act, section 735(4A). `(2B) The special agreement Act to which the authority relates and the existing Act continue to apply for amending the plan of operations as if the amending Act, other than for the insertion of section 584, had not been enacted.'. 3 Clause 9 (Insertion of new ch 13, pt 2, div 7 and div 8 hdg)-- At page 20, line 22, `This section'-- omit, insert-- `Subsection (2)'. 4 Clause 9 (Insertion of new ch 13, pt 2, div 7 and div 8 hdg)-- At page 20, after line 25-- Page 1

Environmental Protection and Other Legislation Amendment Bill 2008 insert-- ` `(1A) If there is a current objection relating to the new authority application, subsection (2) also applies to the Land Court for considering the standard criteria under section 223 in making the objections decision for the application.'. 5 Clause 9 (Insertion of new ch 13, pt 2, div 7 and div 8 hdg)-- At page 27, after line 21-- insert-- ` `Subdivision 9 Other matters `616ZCA Continuing effect of particular environmental authorities `(1) This section applies to an environmental authority that-- (a) is for a chapter 4 activity to which a special agreement Act applies; and (b) was a constituent part of an integrated authority under the pre-2005 Act; and (c) was in force immediately before the commencement. `(2) To remove any doubt, it is declared that sections 619 to 621 apply, and have always applied, to the environmental authority. `(3) In this section-- pre-2005 Act means this Act as it was in force immediately before 1 January 2005. `616ZCB Validation of particular development approvals and registration certificates `(1) This section applies if, before the commencement, a development approval was issued or a registration certificate was granted for a chapter 4 activity to which a special agreement Act applies. Page 2

Environmental Protection and Other Legislation Amendment Bill 2008 `(2) The development approval or registration certificate is, and always has been, as valid as it would have been if section 614(1) had not been enacted.'. 6 Clause 21 (Amendment of s 735 (Existing Act continues to apply for special agreement Acts))-- At page 30, line 20, `subsection (3)'-- omit, insert-- `subsections (3) and (4A)'. 7 Clause 21 (Amendment of s 735 (Existing Act continues to apply for special agreement Acts))-- At page 31, after line 22-- insert-- ` `(4A) Section 292(1) and (2) of the existing Act continues to apply for amending a plan of operations under the existing Act for a relevant mining lease for a transitional authority (SAA) as if the amending Act had not been enacted.'. � State of Queensland 2008

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